The Kent County Board of Adjustment approved application A25-31, granting a variance to allow a detached accessory dwelling unit to remain 9 feet from the rear property line instead of the 15 feet required under county rules. The motion passed 5-0 after board members weighed utility and site constraints.

Nick Smith, representing the applicant Daniel Cloud, said the tiny home (ADU) meets building-code requirements, including tie-downs and foundation work, and that it was placed after an emergency housing need for a mother-in-law about a year ago. "We are just seeking a variance for the 6 feet," Smith said, explaining that moving the unit would be extensive and disruptive to recently installed utilities.

Mickey Hughes, general manager at Clayton Homes, described the need to relocate a DNREC-approved mound septic system and estimated the additional work related to relocation at roughly $40,000–$45,000. Hughes said the tiny home is connected to a newly permitted septic system and that moving it closer to the required setback would put the unit too close to that system and require moving pumps and piping.

Planning staff told the board they had recommended denial of the variance, but that building-code inspections by Scott Tanner had shown the structure meets the building requirements. Several board members noted the lot's constraints — the septic mound, existing utilities and the narrow building envelope — and said those factors demonstrated exceptional practical difficulty under the Quick Check Realty standard.

One member's motion included the condition that the additional building on the property be removed prior to the next permitting step; that motion was seconded and approved. Votes in favor were recorded from Mister Jenkins, Mister Gallo, Miss Denny, Mr Carter, and Mister Cusick. The board will provide written notice of its decision and applicants will be advised on permit conditions and next steps.